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47 results for “penalty u/s 271”+ Long Term Capital Gainsclear

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Key Topics

Section 271(1)(c)25Deduction19Addition to Income18Section 5417Penalty17Disallowance16Long Term Capital Gains14Capital Gains14Section 14813

SOHAN SINGH GARCHA,LUDHIANA vs. ACIT, LUDHIANA

In the result, this appeal of the assessee is hereby allowed

ITA 1337/CHANDI/2016[2006-07]Status: DisposedITAT Chandigarh31 Oct 2019AY 2006-07

Bench: Shri Sanjay Garg & Ms. Annapurna Guptac.O. No. 39/Chd/2012 (In Ita No. 973/Chd/2012) "नधा"रणवष" / Assessment Years : 2006-07 Shri Sohan Lal Garcha, Vs. The Dcit, 901/2, Punjab Mata Natar, Circle Vi, बनाम Ludhiana Ludhiana

For Appellant: Shri Sanjeev Garg, AdvocateFor Respondent: Shri Manjit Singh, CIT DR
Section 143(3)Section 154Section 271

long term capital gains on sale of land. Since as per our observation made above, while deciding the Cross Objections No. 39/Chd/2012, the issue regarding the addition of capital gains has been restored to the file of the Assessing Officer, hence, there is no subsisting addition at this stage. Hence, the very basis on which penalty was levied has ceased

Showing 1–20 of 47 · Page 1 of 3

Section 142(1)13
Depreciation10
Section 143(2)9

SH. SATPAL GOSAIN,LUDHIANA vs. ACIT, LUDHIANA

The appeal of the assessee is partly allowed

ITA 132/CHANDI/2016[2007-08]Status: DisposedITAT Chandigarh26 Nov 2018AY 2007-08
For Appellant: Shri Tej Mohan Singh, AdvFor Respondent: Shri J.S. Kehlon, Sr.DR
Section 250Section 271(1)Section 271(1)(c)

penalty, as imposed by the Ld. A.O. U/S 271(l)(c) of the Income-tax Act, 1961 for alleged non- disclosure of long term capital gains

SH. LALIT JAIN,CHANDIGARH vs. ACIT, C-4(1), CHANDIGARH

The appeals of the assessees are allowed for

ITA 1074/CHANDI/2019[2014-15]Status: DisposedITAT Chandigarh25 Aug 2021AY 2014-15

Bench: Shri Satbeer Singh Godara & Smt. Annapurna Guptaआयकरअपीलसं./Ita No. 1074/Chd/2019 "नधा"रणवष" / Assessment Year: 2014-15 Shri Lalit Jain The Assistant Commissioner बनाम S.C.O. 371-372, 2Nd Floor, Of Income Tax Circle-4(1), Sector-35B, Chandigarh Chandigarh "थायीलेखासं./Pan No : Aaupj 0091Q अपीलाथ"/Appellant ""यथ"/Respondent

For Appellant: Shri Nikhil Goyal, AdvFor Respondent: Smt. Meenakshi Vohra, Addl. CIT
Section 10(38)Section 133ASection 250(6)Section 271(1)(c)

penalty proceedings u/s 271(1)(c) were initiated. That against the assessment order so framed, the assessee filed appeal before the Ld. CIT(A) and during pendency of the appeal raised additional grounds challenging the assessment of the surrendered income on account of alleged bogus Long Term Capital Gain

SMT. JYOTI JAIN,CHANDIGARH vs. ACIT, C-4(1), CHANDIGARH

The appeals of the assessees are allowed for

ITA 1075/CHANDI/2019[2014-15]Status: DisposedITAT Chandigarh25 Aug 2021AY 2014-15

Bench: Shri Satbeer Singh Godara & Smt. Annapurna Guptaआयकरअपीलसं./Ita No. 1074/Chd/2019 "नधा"रणवष" / Assessment Year: 2014-15 Shri Lalit Jain The Assistant Commissioner बनाम S.C.O. 371-372, 2Nd Floor, Of Income Tax Circle-4(1), Sector-35B, Chandigarh Chandigarh "थायीलेखासं./Pan No : Aaupj 0091Q अपीलाथ"/Appellant ""यथ"/Respondent

For Appellant: Shri Nikhil Goyal, AdvFor Respondent: Smt. Meenakshi Vohra, Addl. CIT
Section 10(38)Section 133ASection 250(6)Section 271(1)(c)

penalty proceedings u/s 271(1)(c) were initiated. That against the assessment order so framed, the assessee filed appeal before the Ld. CIT(A) and during pendency of the appeal raised additional grounds challenging the assessment of the surrendered income on account of alleged bogus Long Term Capital Gain

DCIT, CHANDIGARH vs. SMT. MANJIT KAUR, CHANDIGARH

ITA 45/CHANDI/2017[2008-09]Status: DisposedITAT Chandigarh20 Mar 2019AY 2008-09

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

Capital gains ". Section 45 is a charging section. For the purpose of imposing the charge, Parliament has enacted detailed provisions in order to compute ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 8 the profits or gains under that head. No existing principle or provision at variance with them

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

ITA 387/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh20 Mar 2019AY 2011-12

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

Capital gains ". Section 45 is a charging section. For the purpose of imposing the charge, Parliament has enacted detailed provisions in order to compute ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 8 the profits or gains under that head. No existing principle or provision at variance with them

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

ITA 50/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh20 Mar 2019AY 2011-12

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

Capital gains ". Section 45 is a charging section. For the purpose of imposing the charge, Parliament has enacted detailed provisions in order to compute ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 8 the profits or gains under that head. No existing principle or provision at variance with them

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

ITA 51/CHANDI/2017[2007-08]Status: DisposedITAT Chandigarh20 Mar 2019AY 2007-08

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

Capital gains ". Section 45 is a charging section. For the purpose of imposing the charge, Parliament has enacted detailed provisions in order to compute ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 8 the profits or gains under that head. No existing principle or provision at variance with them

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

ITA 44/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh20 Mar 2019AY 2012-13

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

Capital gains ". Section 45 is a charging section. For the purpose of imposing the charge, Parliament has enacted detailed provisions in order to compute ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 8 the profits or gains under that head. No existing principle or provision at variance with them

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

ITA 54/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh20 Mar 2019AY 2011-12

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

Capital gains ". Section 45 is a charging section. For the purpose of imposing the charge, Parliament has enacted detailed provisions in order to compute ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 8 the profits or gains under that head. No existing principle or provision at variance with them

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

ITA 48/CHANDI/2017[2008-09]Status: DisposedITAT Chandigarh20 Mar 2019AY 2008-09

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

Capital gains ". Section 45 is a charging section. For the purpose of imposing the charge, Parliament has enacted detailed provisions in order to compute ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 8 the profits or gains under that head. No existing principle or provision at variance with them

PAWAN GARG,PANCHKULA vs. ITO WARD 5((5) CHANDIGARH, CHANDIGARH

In the result, appeal of the assessee is allowed

ITA 1218/CHANDI/2024[2014-15]Status: DisposedITAT Chandigarh02 Feb 2026AY 2014-15

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1218/Chd/2024 "नधा"रण वष" / Assessment Year: 2014-15 Shri Pawan Garg, The Ito, House No. 766, Sector 16, Vs Ward 5(5), Panchkula. Chandigarh. "थायी लेखा सं./Pan No: Abmpg4243N अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Ajay Jain, Ca Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr.Dr Date Of Hearing : 27.01.2026 Date Of Pronouncement : 02.02.2026

For Appellant: Shri Ajay Jain, CAFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr.DR
Section 139Section 142(1)Section 147Section 148Section 234ASection 271Section 271(1)(c)Section 271FSection 68

Long Term Capital Gain of Rs.61,23,10/- as shown by the assessee is treated as undisclosed income of the assessee and added to his income. Further, a show cause notice with draft assessment order has been issued on 20.03.2022 fixing the date for compliance on 23.03.2022. In response to the show cause notice, neither any written reply

SH. PARMINDER SINGH MAVI,MORINDA vs. ITO, ROPAR

In the result, both the appeals of the assessee are allowed

ITA 1014/CHANDI/2014[2008-09]Status: DisposedITAT Chandigarh08 Feb 2019AY 2008-09
For Appellant: Shri Tej Mohan Singh, AdvFor Respondent: Shri Ankur Alya, Sr. DR
Section 271(1)(b)Section 271(1)(c)

Long Term Capital Gain earned by the assessee at Rs.1,79,13,228/- and added the same to the income of the assessee. Penalty proceedings u/s 271

SH. JAGMOHAN SINGH,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, the appeal of the assessee is allowed

ITA 421/CHANDI/2023[2009-10]Status: DisposedITAT Chandigarh07 Jun 2024AY 2009-10

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Tejmohan Singh, AdvocateFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 143(2)Section 271(1)(C)Section 271(1)(c)Section 54

long term capital gains”. Regarding the claim of deduction under Section 54, the Ld. CIT(A) stated that the claim has to be substantiated by the assessee by bringing on record the evidence of construction of residential house which has not been done despite sufficient opportunity being granted to the assessee. 5. As per record, the assessee has not filed

SH. PAWAN GARG,LUDHIANA vs. ACIT, C-2, LUDHIANA

The appeal of the assessee stands allowed

ITA 1475/CHANDI/2018[2014-15]Status: DisposedITAT Chandigarh17 Jan 2022AY 2014-15

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकर अपील सं./ Ita No. 1475/Chd/2018 "नधा"रण वष" / Assessment Year : 2014-15

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Dr. Ranjit Kaur, Sr DR
Section 271(1)(c)

Gain came to be reduced by the amount of capital loss so wrongly claimed. The mistake was noticed by the Assessing officer during the course of assessment proceedings and on being confronted on the issue, the assessee surrendered the Long Term Capital Loss. We have also gone through the computation of income filed by the assessee and we see that

THE PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.,CHANDIGARH vs. ACIT, CHANDIGARH

In the result, both the above appeals of the Assessee are dismissed

ITA 797/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh19 Jan 2026AY 2013-14

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Atul Goyal, C.A (Virtual Mode)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 57oSection 80PSection 80P(2)(a)

long-term capital gain on sale of shops, concluding that the activity formed part of business, and determined income from that project as business profit without indexation. After reworking income head-wise, disallowing deductions on non-member and bank interest, and reclassifying project income, the AO computed taxable income at Rs.91,14,190/- and initiated penalty proceedings u/s 271

THE PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LTD.,CHANDIGARH vs. DCIT, CHANDIGARH

In the result, both the above appeals of the Assessee are dismissed

ITA 1308/CHANDI/2016[2012-13]Status: DisposedITAT Chandigarh19 Jan 2026AY 2012-13

Bench: the appeal is finally heard.

For Appellant: Shri Atul Goyal, C.A (Virtual Mode)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 57oSection 80PSection 80P(2)(a)

long-term capital gain on sale of shops, concluding that the activity formed part of business, and determined income from that project as business profit without indexation. After reworking income head-wise, disallowing deductions on non-member and bank interest, and reclassifying project income, the AO computed taxable income at Rs.91,14,190/- and initiated penalty proceedings u/s 271

SH. CHARANJIT SINGH ATWAL,LUDHIANA vs. ITO, LUDHIANA

In the result, the penalty of the assessee is hereby allowed and that of the Revenue is dismissed

ITA 66/CHANDI/2016[2007-08]Status: DisposedITAT Chandigarh20 Apr 2018AY 2007-08

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year : 2007-08 Sh. Charanjit Singh Atwal, Vs. The Ito, Ward 6(1), 484-A, Model Town Extension, Ludhiana Ludhiana

For Appellant: Sh. J.S. BhasinFor Respondent: Smt. Chanderkanta, Addl. CIT
Section 143(3)Section 271(1)(c)

long term capital gain was, therefore, stated to be Rs.3,54,68,276/-. 6. The Commissioner (Appeals) dismissed the appeal upholding the order passed by the Assessing Officer. Aggrieved by the order, the assessee filed appeal before the Income Tax Appellate Tribunal (ITAT), which was also dismissed by the ITAT. 7. The assessee further preferred appeal before

ITO, LUDHIANA vs. SH. CHARANJIT SINGH ATWAL, LUDHIANA

In the result, the penalty of the assessee is hereby allowed and that of the Revenue is dismissed

ITA 106/CHANDI/2016[2007-08]Status: DisposedITAT Chandigarh20 Apr 2018AY 2007-08

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year : 2007-08 Sh. Charanjit Singh Atwal, Vs. The Ito, Ward 6(1), 484-A, Model Town Extension, Ludhiana Ludhiana

For Appellant: Sh. J.S. BhasinFor Respondent: Smt. Chanderkanta, Addl. CIT
Section 143(3)Section 271(1)(c)

long term capital gain was, therefore, stated to be Rs.3,54,68,276/-. 6. The Commissioner (Appeals) dismissed the appeal upholding the order passed by the Assessing Officer. Aggrieved by the order, the assessee filed appeal before the Income Tax Appellate Tribunal (ITAT), which was also dismissed by the ITAT. 7. The assessee further preferred appeal before

ASHISH ARORA,CHANDIGARH vs. DCIT, CHANDIGARH

The appeals of the Assessee are allowed

ITA 321/CHANDI/2016[2009-10]Status: DisposedITAT Chandigarh06 Aug 2018AY 2009-10

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2009-10

For Appellant: Shri. Jaspal SharmaFor Respondent: Smt. Chandrakanta
Section 133ASection 148Section 271(1)(c)Section 54

u/s 54 of the Act. The Assessing Officer has treated the income declared/ surrendered during the survey under section 133A as deemed income in view of the decision of the jurisdiction High Court in the case of Kim Pharma Pvt. Ltd. (2013) 35 Taxman and did not allow the Long Term Capital Gain computed by the assessee. 4. Before